§ 26.1-38.1-07 — Plan of operation

North Dakota § 26.1-38.1-07

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-38.1: Life and Health Insurance Guaranty Association

Text

1. The association shall submit to the commissioner a plan of operation and any
amendments thereto necessary or suitable to assure the fair, reasonable, and
equitable administration of the association. The plan of operation and any
amendments thereto become effective upon the commissioner's written approval or
after thirty days if the commissioner has not disapproved the plan of operation and any
amendments thereto.
2. If the association fails to submit a suitable plan of operation within one hundred twenty
days following July 1, 1989, or if at any time thereafter the association fails to submit
suitable amendments to the plan, the commissioner shall, after notice and hearing,
adopt such reasonable rules as are necessary or advisable to effectuate the provisions
of this chapter. Such rules must continue in force until modified by the commissioner or
superseded by a plan submitted by the association and approved by the
commissioner.
3. All member insurers shall comply with the plan of operation.
4. The plan of operation must, in addition to requirements enumerated elsewhere in this
chapter:
a. Establish procedures for handling the assets of the association;
b. Establish the amount and method of reimbursing members of the board of
directors under section 26.1-38.1-04;
c. Establish regular places and times for meetings, including telephone conference
calls of the board of directors;
d. Establish procedures for records to be kept of all financial transactions of the
association, its agents, and the board of directors;
e. Establish the procedures whereby selections for the board of directors will be
made and submitted to the commissioner;
f. Establish any additional procedures for assessments under section 26.1-38.1-06;

g. Contain additional provisions necessary or proper for the execution of the powers
and duties of the association;
h. Establish procedures whereby a director may be removed for cause, including if a
member insurer director becomes an impaired or insolvent insurer; and
i. Require the board of directors to establish a policy and procedures for addressing
conflicts of interest.
5. The plan of operation may provide that any or all powers and duties of the association,
except those under subdivision c of subsection 16 of section 26.1-38.1-05 and section
26.1-38.1-06, are delegated to a corporation, limited liability company, association, or
other organization which performs or will perform functions similar to those of this
association, or its equivalent, in two or more states. Such a corporation, limited liability
company, association, or organization must be reimbursed for any payments made on
behalf of the association and must be paid for its performance of any function of the
association. A delegation under this subsection shall take effect only with the approval
of both the board of directors and the commissioner, and may be made only to a
corporation, limited liability company, association, or organization which extends
protection not substantially less favorable and effective than that provided by this
chapter.